Nursing Homes Support Scheme (Amendment) Act 2021

Review of compliance with conditions

7. The Principal Act is amended by the insertion of the following section after section 14D (inserted by section 6 ):

“14E. (1) This section applies where the Executive has made a determination under section 14C(2)(a) in respect of a person in relation to a particular family asset, that determination has not been revoked so far as relating to that particular family asset and—

(a) the person is receiving care services, or

(b) the person has died since the making of the determination and section 14F(2), (3), (6) or (9) applies in relation to the particular family asset.

(2) A person referred to in paragraph (a) or (b) of subsection (1) is referred to in this section as the ‘relevant person’.

(3) On at least one occasion during the relevant period, the Executive shall arrange for a review to be carried out for the purpose of ascertaining whether a repayment event has occurred in respect of the relevant person.

(4) The Executive may at any other time during the relevant period arrange for a review to be carried out for the purpose referred to in subsection (3).

(5) In carrying out a review under this section—

(a) the Executive may request information from, and interviews with, the family successor or family successors, the relevant person, the relevant person’s partner and any representative (whether appointed under section 21 or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the family successor or family successors, the relevant person and the relevant person’s partner whether received pursuant to section 45 or otherwise.

(6) The persons referred to in subsection (5) shall furnish all information which the Executive may request in accordance with this section within 40 working days from the date of the request.

(7) If a person referred to in subsection (5) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2)(a).

(8) Having carried out a review under this section—

(a) where the Executive is satisfied that a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, the Executive shall make a decision that a repayment event has not so occurred, or

(b) where the Executive does not make a decision in accordance with paragraph (a), the Executive shall make a decision under section 14I(2)(a).

(9) The Executive shall, not later than 10 working days after making a decision under subsection (8) (a), give notice in writing to the relevant person, the relevant person’s partner, the relevant person’s care representative (if any) and the family successor of the decision and the reasons for the decision.

(10) In this section, ‘relevant period’, means the period beginning on the date specified in the determination under section 14C(2)(a) and ending on the date of the expiry of the period referred to in—

(a) where the relevant person’s family successor was appointed under section 14A, subsection (3)(d) of that section,

(b) where the relevant person’s family successor was appointed under section 14F, subsection (8)(b) of that section,

(c) where the relevant person’s family successor was appointed under section 14G, subsection (4)(b) of that section,

(d) where the relevant person’s family successor was appointed under section 14H, subsection (5)(b) of that section,

(e) where the relevant person’s family successor was appointed under section 14K, the first period referred to in subsection (3)(e) of that section, or

(f) where the relevant person’s family successor was appointed under section 14L, the first period referred to in subsection (3)(f) of that section.”.